Legal Question in Employment Law in California
Labor Board Hearing v. Settle with Defendant
I am the plaintiff in a labor board case & the hearing is next Tuesday. The defendant (who wrote multiple non-sufficient funds checks) has an attorney and I do not.
1. The defendent has offered to settle for ONLY the original amount, but the case includes penalties & wages of 5 times that amount. If I prevail, I doubt this employer can ever pay the full amount.
2. If there is no settlement, what is the best way to be prepared for the hearing? Other employees received bad checks as well, if they write statements to this effect will it help my case? What if they settled out of court?
3. I have some office equipment that was issued to me upon employement that I have not returned, nor has the employer offered to retrieve it. Am I liable for any damages for not volunteering to returning at my expense?
1 Answer from Attorneys
Re: Labor Board Hearing v. Settle with Defendant
First, is this the initial hearing (informal) or the actual Hearing before an Officer? (Formal) If informal, you have little to lose by attending and seeing if you can press a little more than just the original amount. As far as what is an amount to settle for, you have to ask yourself "what is my time worth" vs. "what is the risk in not prevailing." Getting the original amount owed is certainly better than getting nothing. The only other additions would be waiting time penalties (your hourly wage x 8 hours x a maximum of 30 days) and interest. IF the company cannot pay this amount, why fight over it?
2. If you don't settle, you need as much evidence as possible of the company's non-sufficient checks that were sent to you and any documentation of such returned checks (copies of your returned checks stamped "non-sufficient funds," bank statements, etc.) While witnesses or statements from others who also received bad checks seems powerful, it does not really help your case at all.
3. Be prepared to return the equipment. It belongs to the company, not you. They cannot, however, make you incurr costs to return their equipment, they must pay the costs of return.